Fuel Surcharge Illegal?

[lvtotrvl1]

Don't be silly, you won't get $70. This will end up as a class-action lawsuit, the attorneys for the plaintiffs (us) will get 1/3 of the settlement (i.e., millions of dollars) and the remaining 2/3 will pay for litigation costs and what is left will be divided equally among the people who agreed to become part of the class. We will all end up with a coupon for a free 8x10 on our next Carnival cruise.:D :p

 

How right you are! But it may not be even an 8 X 10!

[Timmys_mom]

How right you are! But it may not be even an 8 X 10!

LMAO! You are right, probably closer to a 5x7. :D Either that, or they will take a sheet of drink coupons and give each of us one coupon from the sheet. One sheet of coupons will pay off 4 cruisers!

[noblepa]

{bolding mine}...The "contract" most certainly did not have this clause until the day surcharges were announced...

 

I just happen to have the contract from my 1999 seven-day cruise on Paradise. Don't ask me why; I'm just a packrat, who never throws anything away, I guess.

 

"7. Carnival reserves the right to increase published fares without prior notice. In the event of an increase, the Guest has the option of accepting the increased fare or canceling reservations without penalty. Carnival reserves the right to use any substitute ship in the performance of this contract."

 

So, it appears that the verbage allowing the increase has been in the contract since at least 1999.

 

Now, someone could argue that this provision of the contract violates some law or other. Perhaps you could convince a court of that. In that case, Carnival's contract also contains a clause saying that, iff effect, if any provision is found to violate any law, that provision is severed from the contract, but that the rest of the contract remains in force.

[Guest nhrich]

Don't be silly, you won't get $70. This will end up as a class-action lawsuit, the attorneys for the plaintiffs (us) will get 1/3 of the settlement (i.e., millions of dollars) and the remaining 2/3 will pay for litigation costs and what is left will be divided equally among the people who agreed to become part of the class. We will all end up with a coupon for a free 8x10 on our next Carnival cruise.:D :p

 

More like a free 4x6. The 8x10, at $24.95, would be too large of a judgement.

[burrma]

I already contacted the FL Attorney Generals Office. They are "processing" my complaint. I'll let them sort it out.

 

Impressed that you are looking into it; please let us know.

[burrma]

I'm taking a large group from Canada but booked with large US company on Princess; leaving in less that three weeks.

Princess initally charged all of us the fuel charge. Thankfully I read on Cruise Critic, that some Canadians were getting it back; approached my US travel agent; she fought with Princess and finally won and the Canadians are getting it back.

BUT no luck with cruise I'm taking another large group on with Carnival.

Anyone have any knowledge on this subject or any luck getting it back from Carnival?

[Snorkel2Much]

I'm taking a large group from Canada but booked with large US company on Princess; leaving in less that three weeks.

Princess initally charged all of us the fuel charge. Thankfully I read on Cruise Critic, that some Canadians were getting it back; approached my US travel agent; she fought with Princess and finally won and the Canadians are getting it back.

BUT no luck with cruise I'm taking another large group on with Carnival.

Anyone have any knowledge on this subject or any luck getting it back from Carnival?

Enjoy : THREAD LINK

[astropilot]

I will let the courts decide.

 

Personally I think the cruiselines' date=' for psychological purposes, could have just raised the cruise fares 70.00 on new bookings and nobody would have complained. But if you keep the price the same and add on 70 bucks all hell breaks loose.

 

This could have been done quietly and nobody would have noticed.

 

But I dont get paid to make business decisions for Carnival.

 

Perhaps I will just spend 70.00 less onboard the ship.[/quote']

 

I couldn't agree more with your way of thinking. If they had just rasied the price of the cruise, no one would have been the wiser, and there would not have been, and continues to be, all this flack abou the surcharge :)

[madge57]

for those of you that are complaining about the surcharge on fuel there is only "1" thing to do!!!

 

CANCEL YOUR CRUISE!!! Then you will really can complain about something that is not going to change regardless of what you do!!

 

Is it unfair for those that have paid in full?? YES!

Is it unfair for those that had booked prior to this? YES!

But you know what life is not fair so get over it!! Enjoy it while you can because being upset about something like this is not worth the hassle.!!

[Snorkel2Much]

for those of you that are complaining about the surcharge on fuel there is only "1" thing to do!!!

 

CANCEL YOUR CRUISE!!! Then you will really can complain about something that is not going to change regardless of what you do!!

 

Is it unfair for those that have paid in full?? YES!

Is it unfair for those that had booked prior to this? YES!

But you know what life is not fair so get over it!! Enjoy it while you can because being upset about something like this is not worth the hassle.!!

Who elected you Empress to tell us we have no other options besides what you've proclaimed?

 

I dispute your statement that I have only one course of action. I have in fact, followed an entire set of actions, only one of which is "complaining about it". ;)

[abitaturbodog]

abita's DH here...

 

It surprises me how many folks allow themselves to be taken advantage of because it's just "$70". It's $70 now because the cruiselines probably figured that's the amount that they could charge without causing widespread heartburn with the customers.

 

Next year, it might be $100.

 

There are 1350 cabins on the Fortuna. That's about $75,000 in extra revenue a week/ship. Or, about $3.5 million per year per ship.

 

Essentially, this is "free" revenue.

 

Just something to think about.

[burrma]

abita's DH here...

 

It surprises me how many folks allow themselves to be taken advantage of because it's just "$70". It's $70 now because the cruiselines probably figured that's the amount that they could charge without causing widespread heartburn with the customers.

 

Next year, it might be $100.

 

There are 1350 cabins on the Fortuna. That's about $75,000 in extra revenue a week/ship. Or, about $3.5 million per year per ship.

 

Essentially, this is "free" revenue.

 

Just something to think about.

 

If you think we are being taken advantage of; wait to you hear what Princess did besides the surcharge tax: we sail in 3 weeks; well 5 weeks ago, after hearing of the fuel surcharge we hear from Princess that because the Florida sales tax ( we are leaving from FLL)went up, they are tacking the 83 cent sales onto our on board credit account as it's too late to collect 83 cents from everyone. How low can one go!

[CruzVinnieCruz]

I couldn't agree more with your way of thinking. If they had just rasied the price of the cruise, no one would have been the wiser, and there would not have been, and continues to be, all this flack abou the surcharge :)

 

 

I don't pretend to be an accountant but I wondered myself why they just did not raise the cruise price. I am betting it has to do something with how they can report the surcharge in their financial statements. In the cruise price it would be income but a surcharge maybe claimed differently saving them major dollars. Just a guess on my part.

[Jackrjc]

For those of you who think the old contract was sufficient for Carnival to add the surcharge, please provide your opinion as to why Carnival deemed it necessary to change the contract on the day they implemented the surcharge.

In the new contract, they severed the link between a fuel surcharge and government passed on fees. It seems to me if Carnival deemed it necessary to change the contract, then the previous one was not sufficient to add the surcharge.

I will still enjoy my cruise.

Lesson Learned. I will never prepay for anything ever again. I was a little naive to think that whan you prepay, it is to lock in a specific service/item for a specific price. It never ocurred to me that a contract could be changed after payment.

I agree with those that said they should just charge what they need for the cabins, $70.00 more or whatever, no extra charges.

[usmale002]

Thank you "Snorkel" for your postings and other efforts on this illegal surcharge.

I too paid for our cruises in full - months prior - to Carnvial slapping us with an extra charge.

Any word from the AG's office? I filed a complaint two months ago and have heard nothing. usmale002@aol

Thanks again!!

[Snorkel2Much]

I don't pretend to be an accountant but I wondered myself why they just did not raise the cruise price. I am betting it has to do something with how they can report the surcharge in their financial statements. In the cruise price it would be income but a surcharge maybe claimed differently saving them major dollars. Just a guess on my part.

After digging around a bit, my guess would be that they realized many of the online travel agencies have guaranteed that your cruise fare won't increase after you pay a full deposit. If you doubt this please check for yourself. Forum rules prohibit me listing them here. Many of those also include in that guarantee an "out" regarding surcharges, etc.

 

Given the above, those TA's would be stuck paying any "cruise fare hike" out of their own pockets.

 

By calling it a "fuel supplement", it dodges this potential problem, by giving the TA's an "out" on their previous pricing guarantee's, however dubious the "out" may be legally.

 

If my guess is correct regarding the "fare hike vs. fuel supplement" choice, then Carnival has been wildly successful at selling this snake oil. Especially if I include the assumption that CC'ers tend to average a higher "cruise industry IQ" than the average general cruise population. Note I said average. :D

[klfrodo]

Snork,

 

Keep this up and you're gonna have a heart attack. Relax, enjoy the Orlando sunshine (while I'm freezing my B@%!s off) play a round of golf, have a drink, hug your kids and/or grandkids,smoke a bowl, whatever it is that you do to relax. The horse is dead, stop beating it.

All of us have been affected by the steep rise in oil prices. From those who can barely afford to drive to work to those who can afford the luxury of a cruise vacation.

 

While I firmly believe that Carnival went about this the wrong way, I'll pay my fuel surcharge and go on my cruise. I'll let the courts decide what was legal and what wasn't.

Next cruise, I'll have to sit back and decide if I want to continue allowing Carnival to receive my cruising dollars.

 

In the mean time, your blood family and your CC family need you around for many years to come. So take a deep breath and let it gooooo.

 

:D All meant in good fun :D

[abitaturbodog]

Snork,

 

Keep this up and you're gonna have a heart attack. Relax, enjoy the Orlando sunshine (while I'm freezing my B@%!s off) play a round of golf, have a drink, hug your kids and/or grandkids,smoke a bowl, whatever it is that you do to relax. The horse is dead, stop beating it.

All of us have been affected by the steep rise in oil prices. From those who can barely afford to drive to work to those who can afford the luxury of a cruise vacation.

 

While I firmly believe that Carnival went about this the wrong way, I'll pay my fuel surcharge and go on my cruise. I'll let the courts decide what was legal and what wasn't.

Next cruise, I'll have to sit back and decide if I want to continue allowing Carnival to receive my cruising dollars.

 

In the mean time, your blood family and your CC family need you around for many years to come. So take a deep breath and let it gooooo.

 

:D All meant in good fun :D

 

As the OP, I meant for this topic to be discussed. Klfrodo, if you don't agree with what people write, don't belittle them and tell them that they're going to DIE if they choose to post their opinion. And if you think that your last line makes it okay to write what you did, you're wrong.

 

I've seen much more heated debate over what to wear to formal night.

[GottaLuvCruising]

As the OP, I meant for this topic to be discussed. Klfrodo, if you don't agree with what people write, don't belittle them and tell them that they're going to DIE if they choose to post their opinion. And if you think that your last line makes it okay to write what you did, you're wrong.

 

I've seen much more heated debate over what to wear to formal night.

 

This is an anonomous place for us to share opinions and chat about cruise-related topics that are important to us. And different people do get upset about different things...long list of controversial topics here, but that's only part of the fun.

 

In Klfrodo's defense, I did find the post humorous and doubt that many would take offense.

 

The fuel surcharge is an issue for me. I think it was wrong (on principle) and contrary to the 1997 agreement. I do await Florida Attorney General's investigation.

 

But it won't spoil my cruise or have any impact on my life. I kinda think that's related to Klfrodo's point.

[jimm]

You really should read the full post history regarding fuel surcharges, particularly mine, before you give me misdirected orders. ;) . Your post is based on a fundamentally flawed assumption regarding my actions, or lack of action.

 

 

 

If you go back and read that again, you will find that your clause speaks VERY specifically to "Government imposed fuel surcharges".

 

As to illegality of Carnival's actions, I'll defer to the Florida AG's opinion in regards to my states DUTPA. My non-lawyer's opinion is that this a violation, which makes it illegal in the civil law, as opposed to criminal law, sense.

 

I just logged into Carnival.com and my Funpass was showing as incomplete. I thought that was strange since a couple weeks ago it was showing as complete. They now have a section called "Cruise Ticket Contract Acceptance Information." They ask you to view and accept the contract, which happens to be the new contract, which contains the fuel supplement charges language in it. They also have a notice for you to pay special attention to the clause that contains the fuel supplement notice. So, I guess when I click "accept" I will be bound by the new contract and not the contract that was in place when I first purchased this cruise last year.

[GottaLuvCruising]

I just logged into Carnival.com and my Funpass was showing as incomplete. I thought that was strange since a couple weeks ago it was showing as complete. They now have a section called "Cruise Ticket Contract Acceptance Information." They ask you to view and accept the contract, which happens to be the new contract, which contains the fuel supplement charges language in it. They also have a notice for you to pay special attention to the clause that contains the fuel supplement notice. So, I guess when I click "accept" I will be bound by the new contract and not the contract that was in place when I first purchased this cruise last year.

 

Very interesting. I guess I won't log back into mine and just see if they let me board next month. (I booked this cruise nearly two years ago!)

[Craigster-diver]

Our travel agent told us of the fuel surcharge, then called us back and said that it wasn't being collected from Canadian (I assume all foreign) passengers.

 

Add another point to the Canadian team's score, right after the one for socailized health care.

 

Craig

[kdr69]

Our travel agent told us of the fuel surcharge, then called us back and said that it wasn't being collected from Canadian (I assume all foreign) passengers.

 

Add another point to the Canadian team's score, right after the one for socailized health care.

 

Craig

 

Okay dont gloat its a little premature. True it doesnt count for those booking already paid in full prior to the announcement however future Canadian bookings still have to pay so maybe your TA should have told you the whole story instead of saying Canadians dont have to pay which then caused you to assume erroneously about foreign passengers.

[mstea]

The fuel charge is also onRCL, which I'm sure are not the only 2 companies...

[Snorkel2Much]

Snork,

 

Keep this up and you're gonna have a heart attack. Relax, enjoy the Orlando sunshine (while I'm freezing my B@%!s off) play a round of golf, have a drink, hug your kids and/or grandkids,smoke a bowl, whatever it is that you do to relax. The horse is dead, stop beating it.

All of us have been affected by the steep rise in oil prices. From those who can barely afford to drive to work to those who can afford the luxury of a cruise vacation.

 

While I firmly believe that Carnival went about this the wrong way, I'll pay my fuel surcharge and go on my cruise. I'll let the courts decide what was legal and what wasn't.

Next cruise, I'll have to sit back and decide if I want to continue allowing Carnival to receive my cruising dollars.

 

In the mean time, your blood family and your CC family need you around for many years to come. So take a deep breath and let it gooooo.

 

:D All meant in good fun :D

Great post. I took it in the manner intended I believe. ;) :D

 

We managed to take our cruise on the Inspiration 3 weeks after this fuel stuff started, and I didn't think about fuel at all until we stopped at the gas station during the drive home.

 

To each their own, but for me, this horse is dead when the Florida AG says it's dead. I'll not be putting my name to another "blank check" contract anytime soon, and regardless of your opinion of the old contract, it's indisputable that the new contract is EXACTLY that.